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Allahabad High Court

YASH SHARMA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum at a later stage.

Summary

Yash Sharma and another filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the investigation and charge sheet filed against them by the State of Uttar Pradesh. The State’s Additional Government Advocate informed the Court that the investigation was complete and a charge sheet had been filed on 20‑April‑2026. The petitioners did not contest this fact but expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum at a later stage. The Court considered the petitioners’ request and, finding no merit in continuing the writ, dismissed the petition as withdrawn while granting the petitioners liberty to approach another forum if needed. The petition was therefore disposed of without any substantive adjudication on the merits.

Issues considered

  • Whether a writ petition can be dismissed as withdrawn upon the petitioners' request
  • Whether the petitioners should be granted liberty to approach another forum thereafter

Subjects

  • writ petition
  • withdrawal
  • charge sheet
  • criminal procedure
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 19302 of 2026

                                    Yash Sharma And Another
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)      : Romesh Kumar, Uday Raj, Vinod
                                                                     Kumar Yadav
                                    Counsel for Respondent(s)      : G.A., Mahipal Singh

                                    Court No. - 47
                                                      HON'BLE RAJIV GUPTA, J.
                                                      HON'BLE DEVENDRA SINGH-I, J.

                                         1. Heard learned counsel for the petitioners and learned AGA
                                         for the State.

                                         2. At the very outset, learned A.G.A. has pointed out that in the
                                         instant case, the investigation has already been concluded and a
                                         charge sheet has been forwarded against the petitioners on
                                         20.4.2026.

                                         3. Learned counsel for the petitioners could not dispute the
                                         aforesaid fact but states that he does not want to press this writ
                                         petition and seeks to withdraw it with liberty to approach
                                         appropriate forum at appropriate stage.

                                         4. In view of the above, this writ petition is dismissed as
                                         withdrawn with the aforesaid liberty.


                                                                     (Devendra Singh-I,J.) (Rajiv Gupta,J.)
                                    September 8, 2026
                                    R




Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad


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